Why Using a Veterans Disability Legal Team Is a Good Idea

The constant delays that veterans experience in the VA's claims adjudication procedure are not only morally unconscionable but also in violation of the Due Process Clause of the Fifth Amendment.

Our attorneys regularly handle cases involving veterans disability, Attorneys including pursuing an appeal following a denial from the VA. We work to raise the bar on the way veterans can get justice from the VA.

Why should you employ an attorney?

Although it is possible to receive assistance from a veterans service organization (VSO) but hiring an attorney can help you receive more benefits. Attorneys have experience handling VA disability claims and are able to navigate the process which can be a bit confusing for the average person. They also understand the regulations that govern the claims process and can use this knowledge to increase the chances of success.

If your initial claim is rejected, an experienced lawyer can make an appeal to get you the amount you're due. They can examine your claim to make sure there aren't any mistakes in the facts or medical aspect, and they can request outside opinions for confirmation. They can also ensure that your doctor is knowledgeable with the VA's requirements to establish service-connection.

Look for attorneys who have years of experience in representing veterans at all levels of the appeals procedure, including remands to the VA and the Court of Appeals for Veterans Claims. They are likely to be willing and able to share information about veterans' rights with the public. You should also inquire whether the attorney has testimonials from happy clients.

How Much Does a Lawyer Charge?

Most VA disability attorneys do not charge for their services if they are helping you to complete your initial application for benefits. A veteran service organization agent is the best choice to assist you in this procedure. If you want to improve your discharge to be eligible for benefits or to appeal the VA decision, you can take a look at hiring an attorney.

Attorneys are able to charge between 20 and 33 percent to handle an appeal and they can receive these fees from the government if they win your case. Attorneys are also allowed to charge fees for military records correction and discharge upgrades.

They should be able to explain their fee structure to you and include it in the fee agreement. In addition that the VA gives your lawyer more than 20 percent of any past due benefits or awards, they must issue an invoice directly to you for that amount. The VA is not able to use the money to pay for "normal overhead" as these expenses are not related to your claim.

What Can an Attorney Do for You

Veterans with disabilities may be eligible for a variety of benefits. This includes monetary compensation, medical care at no or low cost, educational support and housing assistance. The process to obtain these benefits is complex and complicated. A lawyer can help ensure that a veteran receives everything they're entitled to.

A disability attorney can also assist veterans with the difficult procedure of appealing a denied claim. They can assist in determining whether the denial was justifiable and what appeals can be made under the legacy claims act or Appeals Modernization Act and what type of evidence is required.

A lawyer can help veterans get reasonable accommodations at work or school environments. A lawyer can help a vet understand what the Americans with Disabilities Act says about accommodations for disabled people. They have to be provided according to federal law. They can also assist an individual to file a discrimination lawsuit against an employer who does not provide reasonable accommodations. This is illegal and can lead to severe consequences for the veteran.

How do I make a claim?

A veteran disability lawyer can assist you to speed up the process. They can assist you in getting the necessary records and provide the necessary information to the VA.

In the initial review, the VA examiner checks your medical diagnosis and service records to determine if there is a connection. They will also scrutinize any new evidence that you have provided.

After the rep has recommended the decision on your case, they will make a document to send to you, containing details regarding your claim. This can take anywhere from seven to ten business days.

If the VA denies or has an error in your rating, you may make an Supplemental claim and have the case reviewed with a senior reviewer. This is a less formal review than a Board of Veterans' Appeals, or a Notice of Disagreement. During this time you can provide new and relevant information to support your claim as a supplemental one. It is essential to act quickly, as you only have a year to appeal a decision of this type.

What can a lawyer do to help?

The laws enacted by Congress are written to be supportive of veterans, however the VA isn't always able to interpret them in a way that favors veterans. An experienced New York disability lawyer can assist you.

Veterans who are denied an appeal by the VA can file a dispute with their local branch, or appeal directly to the Board of Veterans' Appeals. An attorney will help veterans throughout the appeals process, which includes a formal hearing before an adjudicator, if needed.

An attorney may also be able to assist in a situation when a veteran is experiencing difficulty regaining employment due to their disability. Employers must make reasonable accommodations for a veteran who is disabled due to their military service or it has been aggravated. An attorney will explain how this is done and can help veterans complete the correct paperwork to ensure that the employer is meeting the requirements of USERRA. This is a significantly more complicated matter than filing an ADA claim, which is why it is essential to work with an experienced attorney.